Redaction of names from planning application details

Summary

The requester asked for the Information Commissioner's advice and correspondence regarding the redaction of names from planning applications on the Planning Searches website. The Department of Environment, Food and Agriculture provided the requested documents, which included legal opinions on data protection and the publication of objector details.

Key Facts

• The request was received on 2021-06-15 and the outcome was determined on 2021-07-14.
• The Information Commissioner advised that publishing applicant names electronically does not infringe data protection legislation under the Town and Country Planning Act 1999.
• The Commissioner recommended redacting signatures to prevent fraud but noted uncertainty regarding the publication of objectors' personal data.
• DEFA staff argued that publishing objector addresses is a legitimate interest to allow applicants to address specific concerns about development impacts.
• The response included 24 pages across 2 documents containing the full correspondence.

Data Disclosed

• 1845493
• 2021-06-15
• 2021-07-14
• 24
• 2
• 1999
• 2005
• S41
• Article 5(1)(c)
• Article 6(1)(c)
• Article 6(1)(e)
• Article 6(1)(f)
• 2015
• 10 March 2021
• 12 April 2021
• 24th June 2021

Original Request

Please let me have a copy of the Information Commissioner's advice to DEFA re the redaction of names etc from planning applications on the Planning Searches website, together with copies of all exchanges of correspondence with the Information Commissioner in relation to this this matter.

Data Tables (1)

Full Response Text

2 Department of Environment, Food & Agriculture  Thie Slieau Whallian, Foxdale Road, St Johns,  Isle of Man. IM4 3AS   Please don't print this e-mail unless you really need to    2 To: Whiting, Nicola  @inforights.im>  Subject: RE: Redaction of published planning information    That’s a big help. Thank you for looking at it so quickly.  In anticipation, would you have any concerns about your entire email below being released if it is requested, either  under FoI or otherwise?    From: Whiting, Nicola
Sent: 10 March 2021 15:43 To:

Subject: RE: Redaction of published planning information   Dear ,

We have taken the opportunity to look at the Town and Country Planning Act 1999 and the TCP( Register) Regulations 2005 which prescribe the content of the Registers.

S41 of that Act requires the Register to be held manually but also states that it may be held electronically in part or in full.

As the Regulations prescribe that the application form is part of the Register, the name of the applicant on the application form does form part of the manual Register, but it is up to DEFA as to what is published electronically.

However, as the Act permits the applicant’s name to be held electronically in the Registers, it will not, in our opinion, infringe the data protection legislation (principles) to do so. That said, we do agree with DEFA redacting other things, such as signatures, from electronically available documents to protect individuals from the potential of fraud etc.

Insofar as personal data of those who have objected to (or supported) the planning application is concerned, it is not clear whether those submissions form part of the Register or not. However, whilst the details of the objector/objection may be pertinent to, and recorded in, the manual Register, the disclosure of the personal data of objectors, such as their name, address and contact details etc., to the wider public by online publication may not comply with the principle of data minimisation (Article 5(1)(c) (i.e. “adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed”). In addition, without an explicit vires requiring the publication of that personal data electronically (i.e. online) (Article 6(1)(c) or (e)), combined with DEFA being a public authority and, therefore, unable to rely on ‘legitimate interests’ (Article 6(1)(f)), there may, in any event, be no lawful ground to do so and the processing would, therefore, infringe the principle of lawfulness, fairness and transparency.

We trust the above is of some assistance.

2

From: Chance, Jennifer   Sent: 12 April 2021 10:16  To:   ; Lole, Richard   Cc:   Whiting, Nicola   Subject: RE: Redaction of online planning applications.    Hi    We have to publish the addresses of the objectors. There is legitimate reason to do so. The  very processing of applications and seeking contributions is so that people can let us know,  and we can assess, the impact of a development on where they live, and it is only right for  other parties to the application (the applicant/highways etc) to understand what that  objector is saying in order to address their points.  I believe it is a legitimate interest.  Many thanks  Jen

Freedom of Information Co-ordinator Corporate Services Directorate Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS Tel no (01624) 685854 Fax no (01624 685851 Email: defa@gov.im www.gov.im

Our ref: 1845493 24th June 2021

Dear ###,

We write further to your request which was received on 15th June 2021 and which states:

"Please let me have a copy of the Information Commissioner's advice to DEFA re the redaction of names etc from planning applications on the Planning Searches website, together with copies of all exchanges of correspondence with the Information Commissioner in relation to this this matter."

Response The information you request is enclosed.

Please quote the reference number 1845493 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.

In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

Yours sincerely